• International Processes and Initiatives

Indigenous World 2020: The work of the UN Treaty Bodies and Indigenous Peoples Rights

The treaty bodies are the committees of independent experts in charge of monitoring the implementation by state parties of the rights protected in international human rights treaties. There are nine core international human rights treaties that deal with civil and political rights; economic, social and cultural rights; racial discrimination; torture; discrimination against women; child rights; migrant workers’ rights; persons with disabilities; and enforced disappearances.

The main functions of the treaty bodies are to examine periodic reports submitted by state parties, adopt concluding observations and examine individual complaints. Concluding observations contain a review of both positive and negative aspects of a state’s implementation of the provisions of a treaty and recommendations for improvement. Treaty bodies also adopt general comments and recommendations which are interpretations of the provisions of the treaties. A large number of treaty bodies’ general comments makes reference to Indigenous Peoples’ rights. However, so far, only the Committee on the Elimination of Racial Discrimination (CERD) and the Committee on the Rights of the Child (CRC) have adopted general comments specifically addressing Indigenous Peoples’ rights.

This article contains a non-exhaustive overview of the reference made by the treaty bodies to Indigenous Peoples or to groups who are otherwise self-identifying as Indigenous Peoples with a specific focus on five treaty bodies: the CERD, the Committee on Economic, Social and Cultural Rights (CESCR), the Human Rights Committee (HRC), the Committee on the Elimination of Discrimination against Women (CEDAW) and the CRC[1].

The treaty bodies and Indigenous Peoples’ rights

Over the past decades, the treaty bodies have contributed to the development of a solid body of jurisprudence on Indigenous Peoples’ rights. In 2019, the committees formulated a large number of observations highlighting acts of violence and other grave abuses faced by Indigenous Peoples notably for their opposition to extractive projects, criminalisation of the work of Indigenous human rights defenders, forced evictions, displacements and increased lands dispossession. The committees also highlighted absence of consultation and denial of the right to free and prior informed consent (FPIC), intersectional discrimination faced by Indigenous women and children, sexual and gender based violence, as well as discrimination in accessing justice, education and health services and enjoying adequate standards of living.

The committees adopted a number of recommendations reminding state parties of their obligations to protect the rights of Indigenous Peoples to equality and non-discrimination including their collective rights to access, own, use, develop and control their lands, territories and resources and to FPIC. A number of state parties were referred to the provisions of the UNDRIP and ILO Convention 169.

The Committee on the Elimination of Racial Discrimination (CERD) 

The CERD continued to adopt comprehensive observations and recommendations on Indigenous Peoples’ rights including under its early warning and urgent action procedures. The CERD underlined discrimination faced by Indigenous Peoples in Cambodia, Colombia, El Salvador, Guatemala, Israel Mexico and Mongolia[2], as well as intersectional discrimination faced by Indigenous women in Cambodia, Guatemala, Israel and Mexico. The Committee underlined the multiple violations faced by Indigenous Peoples, in particular the lack of recognition of the existence of Indigenous Peoples in Zambia, limited access to education, health care services, employment and fair working conditions (Cambodia, Colombia, Israel, Guatemala, Mexico, Mongolia and Zambia), adequate housing (Cambodia, Israel and the State of Palestine (Palestine))[3] as well as representation and political participation (Colombia, Guatemala, Israel, Mongolia and Zambia). The Committee also expressed concerns at poverty (El Salvador, Colombia, Guatemala, Israel, Mexico and Zambia), child malnutrition (Colombia and Guatemala), labour exploitation (Guatemala and Mexico) and the recruitment of Indigenous children by armed groups (Colombia). The Committee also singled out difficulties in accessing justice (Cambodia, Colombia, Guatemala, Israel and Mexico) notably for victims of the armed conflicts (Colombia and Guatemala) and the lack of recognition of Indigenous legal systems (Guatemala and Mexico). The CERD also highlighted criminalisation of the work of Indigenous rights defenders (Colombia, Guatemala and Mexico), acts of violence including threats, attacks and assassinations of Indigenous leaders and Indigenous human rights defenders (Cambodia, Colombia,  Guatemala and Mexico) and sexual and gender based violence (Cambodia, Colombia, El Salvador, Guatemala and Mexico), including sterilisations without FPIC (Mexico).  

In relation to land rights, the Committee noted patterns of forced evictions and internal displacements (Colombia, Guatemala, Israel, Mexico and Palestine) and violations of the rights to consultation and FPIC (Colombia, Cambodia, Guatemala, El Salvador, Mexico and Mongolia). The CERD also noted low level of land tenure (El Salvador), lack of protection of collective property (Guatemala) and difficulties in: registering and titling collective lands (Cambodia and Guatemala), obtaining land restitution (Colombia, Guatemala and Mexico) and accessing and using lands (Cambodia, Colombia, Mongolia and Zambia), in particular for Indigenous Peoples living in protected areas (Colombia and Mongolia). The CERD finally underlined the negative impact of the effects of the climate crisis (El Salvador and Mexico), lack of implementation of court decisions calling for the protection of the Awa and Uitot peoples in danger of extinction, and the lack of measures to protect Indigenous Peoples living in voluntary isolation or in situation of initial contact notably the Nukak-makú (Colombia).

Drawing on its General Recommendation n° 23 on the rights of Indigenous Peoples7, the CERD made extensive recommendations addressing Indigenous rights. The Committee called upon state parties to adopt measures or affirmative actions to combat and eliminate structural racial discrimination against Indigenous Peoples (Colombia, Guatemala and Mexico) and against Indigenous women (Colombia , El Salvador, Guatemala, Israel, Mexico and Palestine). Guatemala was especially recommended to restructure its institutional framework for the protection of the rights of Indigenous Peoples. The Committee further called upon El Salvador and Mongolia to protect Indigenous languages and El Salvador to protect Indigenous handicrafts and traditional knowledge. State parties were further recommended to ensure Indigenous Peoples’ access to education (Cambodia, Colombia, El Salvador, Israel Guatemala, Mongolia, Mexico and Zambia), including bilingual and/or intercultural education (Guatemala and Mongolia) and health care services (Cambodia, Colombia El Salvador, Guatemala, Israel, Mexico, Mongolia and Palestine), taking into consideration the needs, traditions and cultural specificities of Indigenous Peoples (Guatemala). Cambodia, Colombia, Guatemala, Israel and Mexico were invited to reduce poverty and improve standards of living while Colombia and Guatemala to guarantee the right to adequate food. The Committee advised Guatemala, Colombia, Israel, Palestine and Zambia to ensure Indigenous participation and representation in public affairs and Cambodia, Colombia, El Salvador, Guatemala, Israel, Palestine and Zambia to guarantee access to employment and fair working conditions.

State parties were recommended to ensure access to justice (Colombia, Cambodia, Guatemala, Israel and Mexico), notably by eliminating racial discrimination in the justice system (Guatemala and Mexico) and by recognising and respecting the Indigenous justice systems (Colombia, Guatemala and Mexico).  The CERD recommended to prevent the criminalisation of Indigenous leaders and human rights defenders (Guatemala) and ensure their protection (Cambodia, Colombia, Guatemala and Mexico). State parties were also recommended to prevent gender-based violence, protect Indigenous women and investigate, prosecute and sanction such acts (Colombia, El Salvador Guatemala and Mexico), in particular involuntary sterilisation (Mexico). Colombia was invited to prevent and eliminate the recruitment of Indigenous children by non-State armed groups. 

The Committee called upon Guatemala, Colombia, Cambodia, El Salvador, Mexico and Mongolia to guarantee the FPIC of Indigenous peoples prior to the approval of any project or any legislative or administrative measure affecting their rights and Colombia, Guatemala and Mexico to undertake impartial human rights impact studies prior to projects development. El Salvador and Mexico were additionally requested to develop and adopt legal instruments to guarantee the right to FPIC in line with international standards. With respect to land rights, Israel and Zambia were advised to recognise and ensure access to lands and natural resources, and Colombia and Mongolia to guarantee the rights of Indigenous Peoples living in the Tayrona and Tengis Shishged protected areas to access their lands and freely dispose of their resources. El Salvador, Guatemala and Mexico were recommended to recognise Indigenous Peoples’ right to ownership and control of their lands, territories and natural resources, El Salvador to grant property titles and Cambodia to simplify its land titling procedure. Cambodia, Guatemala and Mexico were requested to guarantee land restitution with Guatemala and Mexico being additionally requested to establish a dedicated mechanism to this end. State parties were requested to ensure protection against forced displacements or evictions (Cambodia, Colombia, Guatemala and Mexico) while Israel was requested to stop evictions of Bedouin people from their homes and ancestral lands. Colombia was finally urged to take protection measures to ensure the physical and cultural survival of Indigenous Peoples in danger of extinction, voluntary isolation or in situation of initial contact. 

Under its Early Warning and Urgent Action Early procedure,[4] the CERD considered a number of Indigenous rights-related cases in Brazil[5], Canada[6] , Cameroon[7], Canada[8], Chile[9], France[10], Panama[11], Peru[12] India[13], Thailand[14] and the United States of America[15]. The Committee issued a decision regarding the Trans Mountain Pipeline Extension project in Canada[16].

The CERD is currently developing Draft General Recommendation n° 36 on preventing and combating racial profiling[17].

The Committee on Economic, Social and Cultural Rights (CESR)

The CESCR reviewed Cameroon, Denmark, Ecuador and Israel[18] in 2019 and underlined difficulties faced by Indigenous Peoples in accessing education in all four countries, in particular bilingual intercultural education (Cameroon and Ecuador), employment and decent working conditions (Cameroon and Ecuador) and health care services (Cameroon, Ecuador and Israel). The Committee singled out forced labor (Cameroon), poverty (Ecuador and Israel), child malnutrition (Ecuador), child mortality (Israel) and child poverty and youth suicide in Greenland. The Committee further expressed concerns at acts of violence, harassment and reprisals against Indigenous Peoples human rights defenders (Cameroon and Ecuador) and at a court ruling on the Thule tribe breaching the right to self-identification (Denmark).

The Committee underlined failure to respect the rights to consultation (Israel) and FPIC (Cameroon and Ecuador). In relation to land rights, the CESCR stressed the lack of access of Indigenous Peoples to land (Cameroon and Ecuador) and land ownership (Ecuador), forced sale of land (Ecuador), as well as forced evictions and displacements (Cameroon, Denmark, Ecuador and Israel). The Committee also highlighted the negative impacts of some development projects on the lifestyles, adequate food supply and adequate standards of living (Cameroon) and the relaxation of the rules governing extractive activities around the Yasuní National Park, home of Tagaeri and Taromenane peoples living in voluntary isolation in Ecuador. The Committee finally expressed serious concerns at the environmental impact of large-scale mining and other extractive activities, notably on global warming (Ecuador).

The Committee formulated a number of recommendations covering the economic, social and cultural rights of Indigenous Peoples. State parties were invited to combat discrimination (Cameroon and Ecuador), ensure equal access to education (Cameroon, Ecuador and Israel), notably via culturally appropriate education in Indigenous languages and health services (Cameroon and Ecuador). Denmark was invited to address youth suicide in Greenland and Israel the poor health status of Bedouins. State parties were recommended to adopt measures to reduce poverty (Ecuador and Israel), unemployment (Cameroon and Ecuador) and to stop forced labour (Cameroon). Denmark was recommended to respect the right to self-identification of the Thule tribe and of other Indigenous communities, Cameroon to recognise the rights of Indigenous Peoples and protect their cultural diversity, and Ecuador to ensure the use of Indigenous languages in the public sphere and the protection of the intellectual property rights of Indigenous Peoples to native seeds. Ecuador was urged to adopt a policy to protect human rights defenders including measures to protect Indigenous Peoples, while Cameroon to conduct independent investigations into reports of violence.

All four state parties were recommended to prevent displacement and forced evictions. The Committee called upon Cameroon to guarantee the right of Indigenous Peoples to freely dispose of their lands and territories, Ecuador to protect collective and customary forms of land tenure systems and Israel to resolve pending claims of land ownership. Ecuador was further requested to strengthen the legal security of the Indigenous territories impacted by extractive industries, including the integrity of the territories of Tagaeri and Taromenane peoples, prevent extractive activities in the Yasuní National Park, discontinue extractive activities in the territories of Sápara and Shiwiar peoples, enforce judicial decisions prohibiting resource exploitation and reconsider the increase of oil and mining activities to reduce greenhouse gas emissions. Cameroon and Ecuador were advised to respect the right to FPIC, while Cameroon was invited to draw up guidelines and rules for evaluating the impact of natural-resource exploitation projects on Indigenous territories.

The CESCR is currently developing a general comment dedicated to the right to land.[19]

The Human Rights Committee (HRC)

The HRC reviewed Angola, Eritrea, Mexico, Niger, Nigeria,  Paraguay and Vietnam[20] in 2019 and expressed concerns at the lack of legal recognition of Indigenous Peoples (Vietnam),  lack of protection of Indigenous rights (Angola, Paraguay and Vietnam) and at the multiples forms of discrimination faced by Indigenous Peoples (Angola, Mexico, Paraguay and Vietnam) in particular in relation to access to: employment,  health, education and other public services (Angola, Paraguay and Vietnam); participation and representation in political and public life (Mexico and Paraguay) and freedom of movement and of religion (Vietnam). The Committee pointed out high rates of maternal mortality (Mexico) as well as labor exploitation and trafficking (Paraguay).

The Committee expressed concerns about access to justice in both Mexico and Paraguay. The HRC underlined impunity in relation to extra judicial killings, enforced disappearances and tortures and in particular the absence of prosecution of the perpetrators of enforced disappearance of the 43 students of Ayotzinapa in 2014 in Mexico. The Committee also noted the lack of progress made in the investigation and prosecution of grave human rights violations that have occurred during the Paraguay dictatorship and the Mexican Dirty War. The Committee also expressed concerns at the criminalisation of the work of Indigenous Peoples human rights defenders opposing development projects (Mexico), physical assaults based on religious grounds (Vietnam), arbitrary arrest and detention (Eritrea, Paraguay and Vietnam) notably involving the Saho people in Eritrea, and the criminal convictions of human right defenders (Niger and Vietnam).  

The Committee further highlighted failure to respect the rights to consultation and FPIC (Angola, Mexico and Vietnam), the restrictive interpretation of the definition of Indigenous Peoples used to justify the absence of consultation (Mexico) and the lack of a legal framework for consultation (Angola). The Committee pointed out negative impacts of development activities on the enjoyment of Indigenous traditional ways of life (Angola and Vietnam), obstacles in accessing lands and natural resources (Angola and Paraguay) and in registering and returning lands (Paraguay), land expropriation (Angola and Vietnam) and the limited implementation of judgments[21] of the Inter-American Court for Human Rights (IACHR) (Paraguay).

The Committee formulated a number of recommendations related to the protection of the civil and political rights of Indigenous Peoples and notably called upon Angola, Paraguay and Vietnam to adopt laws and measures protecting the rights of Indigenous Peoples, Niger to review its anti-terrorist legislation to ensure freedom of expression and Vietnam to review its Law on Religion and Belief to ensure freedom of religion. State parties were also recommended to take measures to ensure access to social and public services (Angola, Mexico, Paraguay and Vietnam), participation in decision-making processes (Angola, Paraguay and Vietnam), representation in public and political life (Mexico, Nigeria and Paraguay), and consultation and FPIC (Angola, Mexico, Paraguay and Vietnam), based on the right to self-identification (Mexico).

Mexico and Paraguay were recommended to ensure access to justice, notably for the victims of serious human rights violations that occurred during the Paraguayan dictatorship and the Mexican Dirty War. Mexico was also recommended to investigate attacks against human rights defenders as well as violent crimes, in particular the enforced disappearance of the 43 students of Ayotzinapa. In relation to land rights, Angola, Mexico and Vietnam were requested to protect Indigenous Peoples’ right to lands, territories and natural resources, Paraguay to expedite the return and registration of Indigenous lands and ensure the implementation of the judgments[22] of the IACHR.

The Committee also adopted views under its individual communications procedure for two cases submitted against Nepal involving persons belonging to the Tharu people.[23]

The Committee on the Rights of the Child (CRC)

The CRC reviewed Australia, Botswana, Japan and Panama[24] in 2019. The Committee expressed concerns at discrimination faced by Indigenous children in Australia in relation to access to basic services and underlined high rates of domestic and sexual violence, mental health issues and over-representation of Indigenous children in the justice system and in alternative care. The Committee also highlighted the effects of climate change on the rights to life, survival and development of children and expressed concerns at the continuing investment of Australia in extractive industries. The Committee further expressed concerns in relation to persisting societal discrimination in Japan, discriminatory attitudes and disparities in accessing basic services in Botswana and at the recruitment of Indigenous children by non-state armed groups in Panama.

The Committee invited Australia, Botswana and Japan to take measures and affirmative actions to prevent and eliminate discrimination. Japan was invited to organise awareness-raising programmes, campaigns and human-rights education. Botswana was recommended to ensure access to social services for children living in remote areas or in nomadic communities by expanding health facility-based birth registration centres and improving access to quality healthcare and nutrition services. The CRC called upon Australia to improve access to mental health services, respect the right to identity, name, culture and language of Indigenous children, enhance their participation in policy and decision making processes, prevent family violence, avoid their removal from their families and reduce high rates of incarceration. The Committee also recommended Australia and Japan to reduce their emissions of greenhouse gases, accelerate the transition to renewable energy and hold the business sector accountable for complying with international standards relevant to child rights, including in relation to the environment and health. Panama was invited to establish mechanisms to identify Indigenous children at risk of being recruited by non-state armed groups and ensure their protection.

The CRC adopted general comment n° 24 (2019) on children’s rights in the child justice system[25]. The Committee is currently drafting a general comment on children’s rights in relation to the digital environment[26].

The Committee on the Elimination of Discrimination against Women (CEDAW) 

The CEDAW reviewed Angola, Botswana, Cambodia, Colombia, Democratic Republic of the Congo (DRC), Ethiopia, Guyana and Myanmar[27] in 2019 and made references to multiple and intersecting forms of discrimination faced by Indigenous women and girls (Colombia, DRC and Guyana) and rural women (Angola, Ethiopia and Botswana) in relation to equal access: to employment (Cambodia and Guyana), public services (Botswana), education (Cambodia, Colombia, DRC and Guyana) and health care (Cambodia, Colombia, DRC and Guyana). The Committee expressed concerned at the loss of cultural and tribal identities (Botswana), marginalisation and lack of representation of Indigenous women in political and public life (Botswana, Cambodia and DRC), absence of consultation (Angola, DRC and Guyana) and limited access to justice (Botswana, Cambodia, DRC and Guyana). The Committee highlighted gender-based violence against Indigenous women and girls (Colombia), high rates of exploitation of prostitution at mining sites (Guyana), violence against women human rights defenders, in particular homicides and threats (Colombia), and harassment and intimation (Cambodia). The CEDAW further underlined forced evictions affecting Indigenous culture and traditional ways of living (DRC), as well as the impact of climate change, deforestation and extractive industries on Indigenous women (Guyana). The Committee finally underlined the failure to recognise collective land rights in Guyana, the lack of ownership and land titles of Indigenous women in Cambodia, obstacles regarding land restitution in Colombia and the pending adoption of the draft law for the protection of Indigenous Peoples in DRC.

The CEDAW made a number of recommendations addressing the rights of Indigenous women and girls and notably called upon Guyana, Cambodia and Colombia to adopt temporary special measures to eliminate discrimination against Indigenous women and girls, Colombia to ensure that its legislation covers all intersecting forms of discrimination against Indigenous women, Botswana to develop a strategy to address the needs of Indigenous women, and Botswana and DRC to protect the right of cultural identity of Indigenous women. The Committee requested state parties to promote access to health care services (Cambodia, Colombia, DRC and Guyana), in particular sexual and reproductive health-care services (DRC and Guyana) and free anti-retroviral treatment (Botswana).The CEDAW  recommended to ensure and promote access to education (Botswana, Cambodia, Colombia and DRC), including bilingual education (Colombia and Guyana). The Committee further called upon state parties to improve access to employment or income-generating opportunities (Cambodia, DRC and Guyana), representation and participation in political and public life (Botswana, Cambodia, Colombia, DRC and Guyana), consultation and participation in decision-making processes (Angola, Botswana, DRC, Ethiopia and Guyana) and justice via the availability of information in native languages (Colombia and Guyana). Colombia was recommended to investigate and prosecute homicides of women human rights defenders and Cambodia to guarantee the rights of women human rights defenders to freedom of expression. The Committee further called upon Colombia to prevent gender-based violence against Indigenous women and girls.

In relation to land rights, Angola and Ethiopia were recommended to protect and promote land ownership, Colombia to increase access to lands, Cambodia to re-allocate and redistribute lands to ensure equal ownership and DRC to eliminate traditional practices impeding women’s rights to inheritance and land ownership. DRC was recommended to rapidly adopt the draft law for the protection of Indigenous Peoples, while Guyana was requested to amend: the Amerindian Act to recognise and protect land rights and the Environmental Protection Act to guarantee the right to FPIC, as well as benefit sharing. Angola was finally requested to ensure respect for the right to FPIC and compensation.

The CEDAW is currently elaborating a general recommendation on trafficking of women and girls in the context of global migration[28].

Mélanie Clerc is a Human Rights Officer at the Office of the High Commissioner for Human Rights. She is the former Secretary of the UN Voluntary Fund for Indigenous Peoples and the focal point on Indigenous Peoples and minorities in the Human Rights Treaties Branch.

Justine Berezintsev is a Master's student of human rights and humanitarian action at Sciences Po in Paris, France. In 2019, she worked for the Indigenous Peoples and minorities section of the United Nations Office of the High Commissioner for Human Rights in Geneva, Switzerland.  

The views expressed herein are those of the authors and do not necessarily reflect the views of the United Nations.

Notes and References

[1] Due to length, the activities of the Committee against Torture (CAT), SubCommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT), Committee on Migrant Workers (CMW), Committee on the Rights of Persons with Disabilities (CRPD) and Committee on Enforced Disappearances (CED) were not included.

[2] CERD/C/COL/CO/17-19 , CERD/C/SLV/CO/18-19, CERD/C/GTM/CO/16-17, CERD/C/MEX/CO/18-21, CERD/C/MNG/CO/23-24, CERD/C/ISR/CO/17-19, CERD/C/KHM/CO/14-17, CERD/C/KHM/CO/14-17

[3] CERD/C/PSE/CO/1-2

[4] In 1994, the CERD decided to establish early warning and urgent procedures as part of its regular agenda. They are directed at preventing existing problems from escalating into conflicts and urgent procedures to respond to problems requiring immediate attention to prevent or limit the scale or number of serious violations of the Convention.

[5] Regarding the impact of the construction of federal highway BR-080 on Xavante peoples in the State of Mato Grosso, see https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/BRA/INT_CERD_ALE_BRA_8925_E.pdf

[6] Regarding the decision related to the Trans Mountain Pipeline Expansion project, see https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/CAN/INT_CERD_EWU_CAN_9026_E.pdf

[7] Regarding the impact of decree N° 2018/736 and a 1974 land law on Bagyeli peoples, see https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/CMR/INT_CERD_ALE_CMR_8926_E.pdf

[8] Regarding the impact of the Trans Mountain Pipeline Expansion Project on the Secwepemc peoples and the reform of the Department of Indian Affairs and Northern Development as well as the proposal for the elaboration and adoption of the Recognition and Implementation of Indigenous Rights Framework and Bill C-262, see https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/CAN/INT_CERD_ALE_CAN_8927_E.pdf

[9] Regarding the desecration of the sacred site of Chinay in the national Park Villarrica, https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/CHL/INT_CERD_ALE_CHL_8929_E.pdf; https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/CHL/INT_CERD_ALE_CHL_9023_E.pdf

[10] Regarding the impact of the mining project “Montagne d’Or” on Indigenous Peoples in French Guyana, see https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/FRA/INT_CERD_ALE_FRA_8973_E.pdf

[11] Regarding the situation of the Ngäbe people impacted by the hydroelectric plant Changuinola 1, in Panama, see https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/PAN/INT_CERD_ALE_PAN_9024_E.pdf

[12] Regarding the impact of the Regional Government of Ucayali Ordinance (N° 010-2018-GRUCR) on the land titles over the traditional territory of Santa Clara de Uchnya Indigenous community, see https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/PER/INT_CERD_ALE_PER_8976_E.pdf

[13] Regarding the impact of the Draft National Forest Policy on the land rights of Indigenous Peoples, in India, see https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/Ind/INT_CERD_ALE_Ind_8930_E.pdf;https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/Ind/INT_CERD_ALE_Ind_8974_E.pdf

[14] Regarding the situation of Indigenous Peoples in the Kaeng Krachan National Park (“KKNP”), in Thailand, see https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/THA/INT_CERD_ALE_THA_8977_E.pdf

[15] Regarding the impact of the construction of the Thirty Meter Telescope on the Mauna Kea Mountains on Native Hawaiians and the desecration of a burial site of the Kanaka Maolithe Indigenous peoples in Hawai’i, see https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/USA/INT_CERD_ALE_USA_8932_E.pdf;https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/USA/INT_CERD_ALE_USA_8933_E.pdf

[16] Regarding the decision related to the Trans Mountain Pipeline Expansion project, see https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/CAN/INT_CERD_EWU_CAN_9026_E.pdf

[17] For more information, see https://www.ohchr.org/EN/HRBodies/CERD/Pages/GC36.aspx

[18] E/C.12/CMR/CO/4, E/C.12/DNK/CO/6, E/C.12/ECU/CO/4, E/C.12/ISR/CO/4

[19] For more information, see https://www.ohchr.org/EN/HRBodies/CESCR/Pages/GeneralDiscussionLand.aspx


[21] Including the judgments of the Inter-American Court of Human Rights concerning the Sawhoyamaxa, Yakye Axa and Xákmok Kásek communities.

[22] Including the judgments of the Inter-American Court of Human Rights concerning the Sawhoyamaxa, Yakye Axa and Xákmok Kásek communities.

[23] CCPR/C/125/D/2556/2015 and CCPR/C/126/D/2773/2016. The Committee found violations of a number of Covenant rights, notably articles 2(1), on non-discrimination, 9, on protection from arbitrary arrest and detention, 17, on arbitrary or unlawful interference with private life, and 24, on the special protection of children.

[24] CRC/C/AUS/CO/5-6, CRC/C/BWA/CO/2-3, CRC/C/JPN/CO/4-5, CRC/C/OPAC/PAN/CO/1. The Concluding observations for Panama were adopted following the consideration of Panama’s report under article 8 (1) of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict

[25] CRC/C/GC/24

[26] For more information, see  https://www.ohchr.org/EN/HRBodies/CRC/Pages/GCChildrensRightsRelationDigitalEnvironment.aspx

[27] CEDAW/C/AGO/CO/7,  CEDAW/C/BWA/CO/4, CEDAW/C/KHM/CO/6, CEDAW/C/COL/CO/9, CEDAW/C/COD/CO/8, CEDAW/C/ETH/CO/8, CEDAW/C/GUY/CO/9, CEDAW/C/MMR/EP/CO/1. At the request of CEDAW; Myanmar submitted an exceptional report on the situation of Rohingya women and girls from Northern Rakhine State.

[28] For more information, see https://www.ohchr.org/EN/HRBodies/CEDAW/Pages/GRTrafficking.aspx


This article is part of the 34th edition of the The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced.  Find The Indigenous World 2020 in full here

Tags: Global governance



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